Divorce is not an easy decision—especially if you live in a country where every legal step is tied to Documentation, process, and time. Many people in Texas face another challenge when they consider divorce—legal costs and attorney fees. Does everyone really need a divorce attorney?, Can the process be completed without one—and in a safe and proper way?
If you have these questions, you’ve come to the right place.
The purpose of this guide is to:
- Explain the step-by-step process
- Tell you when and how divorce is possible without an attorney
- And under what circumstances you should seek professional legal help
This blog is specifically for people who live in Texas and want to end their marriage legally—without unnecessary expense or complexity. We’ll guide you through the process—but the decisions and responsibilities are yours. This guide is not a substitute for legal advice, but it can empower you to decide—”Can I do this myself?“
🧠 Are you ready to get a divorce without a lawyer?
It is certainly possible to get a Texas divorce, but the first and most important step is to evaluate whether it is the right option for you.
✅ Uncontested Divorce: When everything is agreed upon
If you and your spouse completely agree on all major issues, this situation is called an uncontested divorce. This includes:
- Property & debt division
- Agreement on spousal support/alimony
- Child custody, visitation and child support (if there are children)
An uncontested divorce in Texas is quick, simple and affordable. In such cases, it is completely possible to get a divorce without a lawyer, provided all documents are prepared correctly and there are no disputes.
⚠️ Contested Divorce: A single disagreement can change everything
If you both disagree on even one issue—such as who will own a property, who will take care of the children, or how much support a spouse will provide—then the case becomes a contested divorce. A contested divorce requires court proceedings, evidence, and legal arguments. In such a situation, attempting to get a divorce without a lawyer can be risky.
❌ When to Avoid a DIY Divorce
There are some situations where proceeding without an attorney can harm you legally, financially and emotionally:
- Your wife is pregnant
- You have minor or disabled children
- Either of you has purchased property (home, land, business)
- There have been allegations of domestic violence or abuse
- A spouse has filed bankruptcy
- You have complex financial assets (such as retirement funds, stocks, business)
- There are disagreements about alimony
In all of these cases, even a small mistake can cause major financial or legal damage in the future.
🎯 Accurate assessment is the first step
The Texas DIY divorce system is for people who are organized, sane and emotionally stable, and whose case can be resolved without dispute. If you think that:
- You can understand legal documents
- You are aware of deadlines and court rules
- You can complete the process with your spouse in a respectful and coordinated manner
…then this is the route for you. But if you have even the slightest doubt, or a complex issue—it may be wise to seek the help of a limited scope lawyer.
📍Eligibility for Divorce in Texas – Are You Eligible to File?
There is one important legal requirement that many people overlook before starting the divorce process in Texas—residency eligibility. It’s not just a formality, but the foundation on which your entire case stands.
To file for divorce in a Texas court, you need to prove your presence at two levels: One—state-level residency, and the other—county-level residency
1️⃣ Texas State Residency Rule
If you want to file for divorce in Texas, you must show that you have resided in Texas for at least 6 consecutive months prior to filing. This doesn’t mean you have to be in a particular visa status—whether you’re a citizen, a green card holder, or on a temporary visa—if you have legally spent 6 consecutive months in Texas, you meet this requirement.
👉 Example: If you started living in Texas in November and want to file in May, you’re eligible.
2️⃣ County Residency Rule (90 Days Minimum)
Divorces in Texas are filed in a specific county—the same county where you or your spouse live. So, you must have lived in the county you’re filing for divorce in (e.g., Harris County, Dallas County, Bexar County) for at least 90 days.
This requirement may apply to either spouse. For example, if you’re in another county but your spouse has been in Dallas County for more than 90 days, you can file there.
3️⃣ Exception for Military Personnel
If you or your spouse are currently in the military, and are maintaining Texas as a permanent home address—even if you’re deployed—you can still file for divorce here. Texas law provides flexibility in such cases, provided your domicile is registered in Texas.
✉️ Legal grounds for divorce in Texas – what grounds can you file for?
To begin the divorce process in Texas, you need to clarify why you are seeking divorce. This is called in legal terms – “Grounds for Divorce”. This is the basis on which the court accepts your case.
- The Texas Family Code recognizes both types of grounds:
- No-fault divorce (when no party is found guilty)
- Fault-based divorce (when a spouse’s fault is made the legal basis)
1️⃣ No-Fault Divorce in Texas (Insupportability)
The most common and legally easy ground in Texas is – Insupportability, also known as “inability” or “irreconcilable differences” in common language.
This means that:
- There is no longer any common ground left between the two of you to continue the marriage,
- and there is no possible way to repair the relationship.
- No one spouse is blamed, which can make the process uncontested and less conflictual.
A no-fault divorce is ideal when:
- Both spouses agree to the separation
- There is no domestic violence, cheating, or abandonment involved
- You want the divorce process to be quick and low-stress
2️⃣ Fault-Based Divorce Grounds in Texas
When the divorce is based on the spouse’s behavior or a serious circumstance, it is called a fault-based divorce. You must have sufficient evidence and documentation for this.
The following are the fault-based grounds accepted in Texas:
- 🚫 Cruelty: When a spouse is repeatedly mentally or physically abusing. The court does not consider fault unless abuse is proven.
- ❌ Adultery: If a spouse is in an extra-marital relationship, and there is evidence of it — this is a valid ground for divorce.
- 🚪 Abandonment: If the spouse has left for at least one year without any contact or valid reason.
- 🏛️ Felony Conviction: If the spouse has been convicted of a serious criminal offense and is in prison for more than one year.
- ⏳ Living Apart: If the spouse has been living apart for at least 3 years without a legal agreement.
- 🧠 Mental Hospital Commitment: If the spouse has been admitted to a psychiatric facility for at least 3 years due to mental illness and recovery is not likely.
Filing a fault-based divorce in Texas law can affect property division, spousal support, and custody matters. But note—it requires you to provide clear evidence to the court, which can make the process complex and contentious.
📄Document Preparation and Filing Process – How to File a Divorce Without a Lawyer
Filing a divorce in Texas without a lawyer is completely possible — but you need clarity of the process and an understanding of the official documents. If even one step goes wrong, your case could be rejected or stuck in unnecessary delays.
That’s why it’s important that you know the meaning of every form, every signature, and every filing.
1️⃣ Original Petition for Divorce – The first and most important document
This is the form that starts your divorce process. Filing it in a Texas court officially opens the case.
This petition includes:
- Names and addresses of the spouses
- Date and place of marriage
- Reason for divorce (No-fault or Fault-based divorce)
- Full details of children if any
- How property and debts will be divided (if any)
You can download this form from Texas Law Help or your local county district clerk’s website.
2️⃣ Important Attachments – Not in every case, but may be important
In some cases, you may also need these documents:
- Civil Case Information Sheet
- Statement of Inability to Afford Court Costs (if you want to get court fees waived)
- Waiver of Service or Return of Service Form
- Final Decree of Divorce Draft (preliminary version)
Before filling the form, clear the status of your entire case. If you have children, “Suit Affecting the Parent-Child Relationship (SAPCR)” related forms will also be included.
3️⃣ Where and how to file?
You can file a divorce petition in two ways:
📍 (A) In-Person Filing: Go to your county’s District Clerk Office and submit the documents. The clerk will give you a “Cause Number” which will be the official identification of your case.
📍 (B) Online Filing via eFileTexas.gov: The Texas government’s official site is eFileTexas, from where you can upload documents digitally.
If you don’t want the hassle of paperwork and are organized, this method is more convenient. But note: Some counties do not allow online filing, so confirm first.
4️⃣ Filing Fees – What will it cost?
The average fee for filing a divorce petition in Texas ranges from $250 to $350. If you are low-income, you can file an “Affidavit of Inability to Pay” — which, if accepted, may result in court fees being waived.
✉️ Giving legal notice to spouse – What is Service of Process and how to do it?
Once you file a divorce petition in Texas, the next legal step is to serve a copy of the petition to your spouse and prove to the court that they have been informed about the case. This is called: Service of Process
This is a mandatory process in Texas. Unless you complete this step, the court will not proceed with your case.
Waiver of Service (if spouse agrees)
If your spouse is fully cooperative about the divorce and does not want to be involved in the court proceedings, this is the easiest way. You give him a copy of the divorce petition personally, and he signs an official form – called a “Waiver of Service”.
This waiver form:
- Must be signed in front of a notary
- This proves that the spouse was informed of the petition
- This eliminates the need for costly legal delivery
The spouse must be given a copy of the petition at least one day before the waiver form is filed.
Official Service via Constable, Sheriff or Process Server
If your spouse is not signing the waiver or the two of you are not in touch, Texas law requires you to have the petition officially delivered.
This includes:
- Hire a licensed process server
- Or have the county constable or sheriff serve the petition
The service provider will personally deliver the petition to the spouse and file a “Return of Service” form, which proves to the court that service has been performed.
💡You cannot self-serve — you cannot serve the petition to your spouse.
Service by Publication (if spouse is not known)
If you are unable to locate your spouse – i.e. you do not have the address, number or contact – then you can do “Service by Publication” by taking permission from the court.
- This is a complex and time-consuming process in which:
- You have to show the court that you have made every effort to find your spouse
- And then after taking an order from the court, a public notice is published in the local newspaper or website
- This option carries more legal risk and it may be wise to seek Limited Scope Legal Help if needed.
⏳ The Mandatory 60-Day Waiting Period – Why is there a pause after a divorce decree?
You filed for divorce, gave your spouse legal notice or signed a waiver — but the court still doesn’t finalize the divorce immediately. Texas law has a mandatory 60-day waiting period — that you can’t bypass, no matter how simple or uncontested your situation is.
🗓️ When do the 60 days start?
The waiting period starts on the date you file the divorce petition — not the date of service or when the waiver is signed.
Example: If you filed a divorce petition on June 1, the earliest possible finalization date is July 31 (i.e. 60 days later). The court does not approve a final decree before then.
🔍 What is the purpose of the 60-Day Waiting Period?
- Texas courts view this mandatory pause not just as a matter of law, but as a “cooling-off period”:
- so that spouses can consider whether ending the relationship is really the right thing to do
- in many cases, conversations during this time resolve issues or change decisions
- it also prevents unnecessary emotional and impulsive caseloads on the court
so it is not a legal requirement, but a thoughtful part of social and familial balance.
🚨 Are there any exceptions?
Yes, Texas law allows this 60-day waiting period to be waived under certain circumstances. These circumstances are:
- if the respondent spouse has been convicted of family violence
- if the petitioner is concerned about violence or abuse by the spouse, and a protective order has been obtained
in these cases, the court may waive the waiting period at its discretion, provided sufficient evidence is presented.
📥Prepare during this time
This 60-day period is not just a time to wait. By using this time properly, you can:
- Draft the Final Decree of Divorce
- Consider parenting plans related to children
- Organize property and debts documents
- Prepare for the final hearing (for Prove-Up)
This way, when your waiting period is over, you are mentally, legally and practically ready.
Dividing Property and Debts – Who Keeps What in a Texas Divorce?
Texas is a “community property” state, meaning that most property and debts earned during the marriage belong to both spouses — even if they’re owned in only one’s name. So, when you’re getting divorced — and especially when you’re filing without an attorney — it’s imperative to understand this concept.
What Is Community Property?
Community property refers to all the assets and financial things that both spouses acquired during the marriage, either together or individually:
- income
- savings accounts
- vehicles
- real estate
- investments
- retirement benefits (like 401(k), pensions)
- debts and loans
All of this is legally “50-50 ownership,” regardless of whose name it’s in.
What is Separate Property?
Some assets are not community property. They are considered separate property:
- Property owned before the marriage
- Inheritance or gift received during the marriage (if it’s in the spouse’s name)
- Personal injury settlement (with some exceptions)
But be careful: If you’ve combined your separate property into a joint account, it can be difficult to prove.
💡 Example: If your mother gifted you $20,000 but you put it into a shared bank account with your spouse, it’s no longer considered separate property.
“Just and Right” Division – Equality isn’t always 50-50
Texas law says property and debts must be divided “just and right” — but that doesn’t mean everything has to be divided in half.
The court looks at these factors:
- The duration of the marriage
- The income and earning capacity of both spouses
- Who is getting custody of the children
- Whether one spouse has deliberately hidden or spent assets
- The effects of a fault-based divorce (such as adultery or cruelty)
If you are having a mutually agreed uncontested divorce, you can decide the property division yourself — but you have to clearly mention it in the Final Decree.
Division of debts – not just property, debts are also important
In Texas, as much as the emphasis is on property division during a divorce, it is equally important to divide debts (loans, credit cards, mortgages) properly.
Both spouses will be held responsible for joint debts
If one spouse takes a debt in his/her name, but the responsibility for it is given to the other spouse in the divorce agreement, then the creditor can still recover from the one in whose name the loan is.
Therefore, it is very important to clear the legal responsibility of the debt.
🧾Clearly mention these things in your Final Decree of Divorce:
- Who is getting which property (with address, account numbers)
- Who is paying which loan or debt
- Is one spouse transferring property to the other? (such as car title or house deed)
Without these details your divorce decree may be considered incomplete.
👶 Child Issues – Custody, Visitation and Child Support
If your divorce involves minor children (under 18), Texas law has a top priority — the best interest of the child. The Texas Family Code takes these matters seriously and expects parents to develop a practical and clear parenting plan.
Conservatorship – What is Custody in Texas?
In Texas, child custody is called a conservatorship. There are two types:
- Joint Managing Conservatorship (JMC): Both parents have legal rights and responsibilities, but one parent is the primary custodian. This is the default option if there is no major dispute.
- Sole Managing Conservatorship (SMC): When one parent is deemed unsuitable for the child’s safety or development (e.g. abuse, neglect, drugs), the court gives all rights to only one parent.
When determining conservatorship, the court looks at:
- The child’s age, health, and needs
- Each parent’s mental, emotional, and financial situation
- The parent’s relationship with the child
- No history of abuse, neglect, or domestic violence
- The child’s wishes (if age appropriate)
Visitation Schedule – Parenting Time and Access Rights
If one parent is the primary custodian, the other parent is given a visitation time (or access schedule) determined by the court. This is called:
- Standard Possession Order (SPO): This is a set visitation schedule that the court approves in advance. In this, the children spend alternate weekends, some holidays and summer weeks with the non-custodial parent.
- Modified SPO or Custom Agreement: If both parents mutually agree on an alternate schedule — such as shared holidays, evening visits — the court may approve it, provided it is in the best interest of the child.
Child Support – Who is paying, how much and for how long?
Child support is calculated according to a fixed formula in Texas and the responsibility of paying it usually falls on the parent who does not live with the child.
🧾 General rule:
- For one child — 20% of net monthly income
- For two children — 25%
- For three children — 30%
And so on
Net income includes:
- wages, bonuses, commissions, unemployment benefits, pensions, etc.
- The court may adjust child support if:
- One parent is low-income
- One child has special needs
Both spouses agree on a different amount (which is in the best interest of the child)
💡Child support is payable until the child turns 18 or graduates high school — whichever is later.
Parenting Plan – A written agreement that is set forth in court
A parenting plan is a detailed document that specifies the following:
- Conservatorship arrangement (joint or sole)
- Visitation schedule and vacation planning
- Child support amount and payment schedule
- Decision-making authority (schooling, health, religion)
- Dispute resolution method (such as mediation)
This plan becomes part of the Final Decree of Divorce and can be enforced.
📌 If you are getting divorced without a lawyer, be very careful in drafting the parenting plan. A vague or incomplete plan can become the root of future conflicts.
💰Spousal Maintenance (Alimony) in Texas – Can you or your spouse get financial support?
Alimony in Texas is legally called: “Spousal Maintenance.”
It is not an automatic entitlement — you must meet certain conditions to qualify.
Who is eligible for spousal maintenance?
The court awards spousal maintenance only if the spouse proves that he or she will be unable to meet his or her reasonable basic needs after divorce and one of the following conditions is met:
- The marriage has lasted for at least 10 years, and the needy spouse does not have sufficient income
- The receiving spouse suffers from a physical or mental disability
- One spouse has a disabled child in his or her care due to which he or she cannot work
- The paying spouse has a criminal conviction of domestic violence (in the last 2 years)
What is the amount and duration of Spousal Maintenance?
The court decides the amount and timing of maintenance in Texas based on the following factors:
- Duration of the marriage
- Income and earning capacity of both spouses
- Age and health status
- Compromised education/sacrifice of the other person in the marriage
- Intentionally hid or spent assets
💵 Maximum Amount:
Up to 20% of the paying spouse’s monthly gross income or $5,000 per month — whichever is less
⏳ Maximum Duration:
- 5 years: If the marriage lasted 10–20 years
- 7 years: If the marriage lasted 20–30 years
- 10 years: If the marriage lasted more than 30 years
Note: Indefinite alimony is also possible in some serious cases (such as permanent disability of a spouse or child).
Court-Ordered Maintenance vs. Contractual Alimony
There are two types of spousal support arrangements in Texas:
- Court-Ordered Maintenance: The amount and duration are set by the court — which is enforceable.
- ontractual Alimony: When spouses mutually agree on support and make it part of a Final Decree. It is not enforced by the court but is legally binding like a contract.
This approach is often preferred in uncontested divorces because:
- You can negotiate the amount and terms with flexibility
- You don’t have to pass a formal eligibility test in court
Is it risky to negotiate spousal support without a lawyer?
Yes, if you’re not clear on the rules or don’t anticipate the future impact — making financial decisions like alimony without guidance can be a mistake.
Therefore:
- While preparing the draft, make every term clear (payment method, timeline, termination clause)
- It is wise to get it reviewed by a financial planner or limited-scope attorney
📃Drafting a Final Decree of Divorce – Every Word Counts
The Final Decree of Divorce is the order signed by the court judge that proves:
- Your marriage is officially over
- How property and debts are divided
- How decisions regarding children have been made
- Who will get spousal support (if any), how much, and for how long
All other legal requirements have been met
Who drafts the Final Decree?
If you are getting an uncontested divorce, it is up to you (or the other spouse) to draft it. You can draft it yourself or have a limited-scope attorney draft it.
Websites like Texas Law Help offer:
- Final Decree with children
- Final Decree without children
— both forms are free and can be customized.
What should be there in the Final Decree?
📌 Header:
- Cause Number
- Court Name and County
- Petitioner and Respondent’s names
📌 Introductory Language:
- Date of marriage and divorce filing date
- Legal grounds of divorce (such as insupportability)
📌 Agreements and Orders:
- Debt division (loan-by-loan clarity)
- Property division (asset-by-asset detail)
- Child custody (conservatorship terms)
- Visitation plan
- Child support amount and schedule
- Spousal maintenance (if applicable)
📌 Compliance Statements:
- Whether both spouses agree or not
- Court has found all terms fair
📌 Signatures:
- Petitioner
- Respondent (if agreed)
- Judge
📌 Notary or Verification (if filing with Waiver of Service
What mistakes should not be made while drafting?
❌ Avoid vague language – mention specific assets instead of “property will be divided among each other”
❌ Orders related to children should not be incomplete – include points like holidays, summer vacation, schooling decisions
❌ Dates should be clear and exact – like when the support payment will start, and how long it will last
❌ Do not forget to leave space for signatures – signatures of every relevant party and the judge are necessary
How is a copy of the Final Decree given to the court?
When you go for a Prove-Up Hearing (or uncontested approval), take a completed copy of the Final Decree with you
- This copy is shown to the judge, and if everything is in order, he signs it
- After the judge signs, this document becomes legally binding
🗂️Make sure to get at least 2–3 certified copies from the Court Clerk — for legal needs like mortgage, insurance, name change, child school records
⚖️ Prove-Up Hearing – How to make divorce official in court?
A Prove-Up Hearing is a short but formal proceeding in Texas family court, where the Petitioner (you) appears before the Judge to answer some basic questions and get the Final Decree approved.
This hearing usually takes 10 to 15 minutes — but it requires clarity, honesty, and preparation.
What is required for a hearing?
A completed draft of your Final Decree of Divorce (for the judge to sign)
- Copy of Marriage Certificate (sometimes required)
- Filed Waiver of Service or Return of Service form
- Civil Case Information Sheet (if not submitted yet)
- Identification (such as driver’s license or state ID)
- Pen and notepad (often the court clerk will make you sign some documents)
Where and how does the hearing take place?
The Prove-Up Hearing takes place in the family court of your local county. In some counties, it is also done through virtual hearing (Zoom or phone call), but in many places you have to be physically present in the court room.
💡Call the court clerk 1 week before the hearing and ask:
- How to set the date of the hearing?
- Will you come in-person or will it be a virtual hearing?
- Which forms are mandatory to bring?
What do you have to say in court?
The Prove-Up Hearing is scripted. The judge asks you some standard questions which you have to answer calmly and clearly.
For example:
- Q: Your name and address?
- Q: Have you maintained residency in Texas for the last 6 months?
- Q: Can your marriage not be restored now? (Irreconcilable differences)
- Q: Has everything in the Final Decree been mutually agreed between you and your spouse?
- Q: Were you not forced or pressured to sign the agreement?
- Q: Do you understand and agree with all the terms related to children, property, debt and support?
🧾 If you want, you can practice in advance by downloading the Prove-Up Script from Texas Law Help or any other website.
What happens after the Hearing?
If everything goes right, then:
- The judge signs your Final Decree
- The Court Clerk makes your file official
- You are allowed to get certified copies (a small charge is applicable)
- Only then your marriage is legally considered over
🚫 Note: Without getting a Final Decree signed by the court, you cannot start any process like remarriage or name change.
✅ Finalizing the Divorce – The Last Step of Legal Closure
If you have got the judge to sign the Final Decree in the prove-up hearing, now it is time for some important follow-up actions. Paying attention to these is as important as filing the case.
📄Getting a Certified Copy of Final Decree
- The Final Decree with the judge’s signature is your official divorce certificate.
- Get a certified copy of it from the District Clerk’s office
- Keep at least 2-3 copies: for future legal, financial and personal work
🧾 When might it be needed?
- To change your name
- To update your Social Security record
- To update details in your bank, mortgage, or insurance
As proof for remarriage
📋 2️⃣ Name Change Process (if applicable)
If you asked for permission to change your name in your Final Decree (such as returning to your maiden name), it is mandatory to update it in Social Security, Driver’s License, Bank, and other government documents.
🧾 What do you need?
- Certified Final Decree
- ID proof
- Name change request (in some forms)
🔔31-Day Waiting Period for Remarriage
According to Texas law, after getting a Final Decree, you can legally remarry only if:
- The mandatory waiting period of 31 days has passed
- Or the court has waived you from this rule (which is rare)
- So it is important to follow this rule before entering into a new relationship.
💼Property & Financial Transfers
According to the property and debt distribution decided in the Final Decree:
- Transfer titles of car, house or other assets
- Update mortgage or bank accounts appropriately
- Change retirement accounts, beneficiary forms, insurance nominations
If a spouse is transferring any retirement benefit to each other under a QDRO (Qualified Domestic Relations Order), initiate the process.
👶Comply with Parenting Plans and Child Support Orders
- Child support payments should be on schedule and on time
- Maintain a calendar-based plan for visits and holidays
- Both spouses should follow the parenting plan approved by the court
- If there is any disagreement, resolve it first through informal communication
🔚 Conclusion: Go through the Texas divorce process with discretion and self-reliance
Getting divorce in Texas without a lawyer can be easy — but only if you are armed with information, understand the process honestly, and make informed decisions at every step.
The purpose of this entire blog was not just to give you legal information — but to help you navigate this sensitive phase of your life by staying self-reliant, calm, and sensible. Divorce may be a legal process, but every part of it involves emotions, futures, and responsibilities.